The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1887-12-03

The Law of Trespass-ValuableI nfor-
nation for Farmers.-Some time ago, in the
Talbot county Circuit Court, Judges Wickes de-
livered an opinion in the of Price VS.. Oliver,
which arose out of trespass Of divers cattle
upon Prices enclosure, and the decision is an i'm
portant one to farmers in this State, it virtually
enacts stock law where that law does not already
prevail. We give below the main points of the de-
cision
The court held that the common law in regard
to trespassing cattle, etc., is in force now in Mary
land, and that the rule of law is that person is
only bound to take care that his cattle do not
wander from his own land and trespass upon the
land of others; that fence is for the purpose OF
keeping your own stock at home, and not to keep
others stock off; and if any one is damaged by
another's stock trespassing on his land, whether
fenced in or not, whether cleared land, woodland
OF marsh land, he can recover damages from the
owner of the stock so trespassing.
The court also held that under the statute law
of Maryland (article 81, title "Estrays and Tres
passing Cattle, person had three remedies for
the trespassing on his enclosure by any cattle,
hi. He could take up the animals, and q rea-
sonable time thereafter, 60 before justice of the
peace and make affidavit that he took up the ami
NAL as an estray, and publish said affidavit and
Justices certificate, etc. If he complies with the
law, he can recover all expenses incurred by the
person taking up the estray and keeping it, in
Guiding the cost of advertising. Ifany avails
himself of this remedy, he cannot recover DANA
ges for the injury done.
"2. Any person aggrieved by the trespass upon
his enclosure of any cattle may impound the same
and have the damage sustained by the trespass
appraised by two dsinterested persons and I'M
less the damage and reasonable compensation
for feeding the property impounded are paid, may,
at the expiration of ten days, sell the same at
public auction, by giving the notice required by
the statute. This remedy seems to apply where
the owner of the cattle is not known.
so. If any cattle, &C., trespassing on the en-
closures ofany person bedistrained doing damage,
the owner Of which is known, if the owner do not
tender compensation for the damage within five
days after such distress and notice given to him,
then the party takingup such cattle, etc., may, by
complying with the statute, have the property
sold, and retain enough to pay him for the DANA
ges he has sustained and all charges arising from
Iuch trespass.
"Any man aggrieved by the trespass on his
property of any cattle, horses, hogs, etc., has four
complete remedies Zone at common law and three
by the statute laws Of this State and If he choose
~ take all his fences down he can recover DANA
es for any trespass on his land, and can impound,
keep, and if necessary sell, the animal to pay for
Its trespass and damage.
"Any cattle, horses, hogs, etc., can be taken up
and jmpounded, when found treapassing on the
highways and public roads, by the owners of the
property adjoining such roads, as the heritage,
grass, etc., belongs to the owner of the adjoining
property, and the public only have an easement
in the said roads,"